Our partner Thiago Araújo is a co-author, alongside Leonardo Fuentes Fauaz de Andrade and Gabriela Vieira Leonardos, of an article published in Migalhas on TCU judgement 1.753/26, which deals with the limits applicable to consensual amendments to administrative contracts under Law 14.133/21.
In the article, they analyse the decision and argue that it provides guidance on the subject by recognising that the limits set out in Article 125 of Law 14.133/2021 should also be regarded as a benchmark for consensual amendments, without, however, turning the 25 per cent and 50 per cent thresholds into absolutely insurmountable limits.
According to the authors, the issue cannot be resolved through a simplistic dichotomy between unilateral and consensual amendments, or between a rigid percentage and the absolute absence of a limit. In their view, what the judgement adds is the confirmation, by the TCU itself, that the limits set out in Article 125 remain a safe margin for amendments, whether consensual or unilateral.